Marsy’s Law

A man who attacked a woman outside a San Francisco Bay Area Rapid Transit station last July will not have to go to jail despite the victim receiving an apology from prosecutors on Monday for violating her rights in the case.

In response to this special series, San Francisco’s Presiding Judge and the state’s Chief Justice are both recommending reforms. KCBS has also learned that one Bay Area district attorney, San Mateo County District Attorney Steve Wagstaffe, is taking it even one step further, training his attorneys to observe a victim’s Marsy’s rights, even if the victim doesn’t ask for them to be honored.

In response to a KCBS investigation into the violation of victims’ rights in California, the presiding judge in San Francisco is recommending new procedures for the courts to follow. KCBS’ Doug Sovern reports exclusively that the state’s Chief Justice is also asking judges in other counties to consider doing the same.

Under Marsy’s Law, a crime victim in California has the right to be notified of all legal proceedings in a case and address the judge before a defendant makes a plea or is sentenced. All too often, however, victims never get their day in court.

Five years ago, California voters amended the state constitution to create a Victim’s Bill of Rights. But the case of a San Francisco woman, who was attacked outside a BART station, raises questions about how well that law is working. And, an investigation by KCBS reporter Doug Sovern suggests this is not an isolated case.